Section 313: Extension of investigations by Criminal Cases Review Commission in England and Wales
668.Section 23A of the Criminal Appeal Act 1968 empowers the Court of Appeal, where a defendant has been given leave to appeal against conviction, to direct the Criminal Cases Review Commission to investigate and report to the Court on any matter relevant to the determination of the case and likely to assist in resolving it. The Court of Appeal has no equivalent power to direct the Commission to investigate and report to it on any matter where the defendant is still applying for leave to appeal.
669.Section 313 amends the Criminal Appeal Act 1968 to permit the Court of Appeal to direct the Commission to investigate and report on any matter where the defendant is applying for leave to appeal against conviction, as well as on an appeal against conviction.
670.Section 313 also adds a new subsection (1A) to section 23A of the 1968 Act. The new subsection makes it clear that a direction to the Criminal Cases Review Commission to investigate may not be given by a single judge. The purpose of the stipulation is to require the full court to consider such directions before they are made, and thus ensure that they are used sparingly.
